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Home My WebLink AboutPC Reso No 2016-25 (Annex 84, ZC 2014-02)RESOLUTION NO. 2016-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF PRE-ANNEXATION ZONE CHANGE NO. 2014.02 SUBJECT TO COMPLETION OF THE ANNEXATION NO.84. WHEREAS, Bruce Vinci, RHW, LLC has submitted an application to annex 160 acres of land under his ownership, within the City's Sphere of lnfluence ("Annexation Area") generally located north of Greenwald Avenue on Dowling Street extension and specifically referred to as Assessor Parcel Numbers 349-250-013, 349-250-014, 349- 250-015 and 349-250-016; and, WHEREAS, Government Code Section 56375 requires that as a condition to annexation, a city shall pre-zone the territory to be annexed or present evidence satisfactory to the Local Agency Formation Commission ("LAFCO ) that the existing development entitlements on the territory are vested or built out, and are consistent with the City's general plan; and WHEREAS, the Prolect is subject to the provisions of the California Environmental Quality Act (Public Resources Code SS 21000, et seq.. 'CEQA') and the State lmplementation Guidelines for CEOA (14 California Code of Regulations Sections 15000, et seq.: "CEQA Guidelines") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21065); and WHEREAS, the City prepared a Recirculated Program Environmental lmpact Repod (State Clearinghouse No.2005121019: the "RP-EIR") to address the potentiat environmental impacts of a comprehensive update of its General Plan pursuant to the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq "CEQA"), the State Guidelines for lmplementation of the California Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the "state CEQA Guidelines"), and the City's Procedures for lmplementing the State CEQA Guidelines and its other procedures relating to environmental evaluation of public and private projects; and WHEREAS, on December 13,2011 the City Councrl of the City of Lake Elsinore certified the RP-ElR with Errata and Responses to Comments, the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; and WHEREAS, the potential environmental impacts of the General Plan's land use designations for property within the City limits and within the City of Lake Elsinore's Sphere of lnfluence were evaluated in the certified RP-EIR; and PLANNING COMMISSION RESOLUTION NO. 2016.25 PAGE 2 OF 5 WHEREAS, an lnitial Study/Addendum to the General Plan Update Recirculated Program Environmental lmpact Report (GPU EIR) (SCH No. 2015121019) was prepared to provide an evaluation of potential site-specific environmental effects that could result from the proposed Project, compared those effects to what was disclosed by the GpU EIR and concluded that the significant effects that would result from the Project have been addressed in the earlier certified GPU EIR; and WHEREAS, pursuant to Section 17.188.040 of the Lake Elsinore Municipal Code ( LEMC") the Planning Commission has been delegated with the responsibility of making recommendations to the City Council for changes to the official zoning map; and WHEREAS, on March 15,2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prror to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Zone Change No. 2014-02 pursuant to the Planning and Zoning Laws (Cal. Gov. Code SS 65000 et seq.) and Chapter 17.188 ofthe Lake Elsinore Municipal Code ("LEMC"). SECTION 2. That in accordance with the Cortese-Knox Hertzberg Local Government Reorganization Act of 2000, State Planning and Zoning law and the City of Lake Elsinore Municipal Code ("LEMC"), the Planning Commission makes the following findings for the approval of Pre-Annexation Zone Change No. 2014-02: 1 The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed pre-annexation zoning will not be detrimental, but will be beneficiat to the public health, safety, comfort and welfare and will improve the property in the neighborhood and the City by allowing a variety of residential, commercial, public/institutional and open space uses fo be established within the Annexation Area consistent with the General Plan and providing for future improvement and development of infrastructure improvements such as water and sewer lines, lighting and paving of existing dirl right of ways. The proposed action will be consistent with the latest General Plan. a. The proposed action will be consistent with the Goals, Policies and lmplementation Programs of the General Plan and the development 2. PLANNING COMMISSION RESOLUTION NO. 2016-25 PAGE 3 OF 5 standards established with the LEMC. The pre-annexation zoning is conslstenl with Goal 1 of Chapter 2.0 (Community Form) of the General Plan in that this pre-annexation zoning wrl/ assisl in achieving the City's goal to "create a diverse and integrated balance of residential, commercial, industrial, recreational, public and open space land uses" and the related lmplementation Program to update the Official Zoning Map "to provide consistency between zoning requirements and General Plan land use designations." b. The proposed pre-annexation zoning designations conform to and are consistent with the City of Lake Elsinore's General Plan Land Use Map The proposed pre-annexation zoning designations are consistent with those land use designation contained in General Plan Amendment 2014- 03. 3. ln accordance with the requirements of the California Environmental Quality Act (CEOA), impacts have been reduced to a less than significant level, or in the case where impacts remain, a statement of overriding consrderations must be adopted to justify the merits of project implementation. On December 11, 2011, the City Council approved and ceftified a Recirculated Program Environmental lmpact Report which analyzed the environmental impacts assoclafed with the development of the General Plan land use designations for the City and its Sphere of lnfluence (State Clearinghouse No 2005121019). ln accordance with Section 15162 of the California Environmental Quality Act (CEaH Guidelines, the proposed amendments to previously approved projects do not present substantial changes or reveal new information that would require Subsequent or Supplemental EIR analysis. However, some changes or additions to the information contained in the certified EIR is necessary in order to approve the proposed project. For this reason, pursuant to Section 15164 of the CEQA Guidelines, an lnitial Study/Addendum to the General Plan Update Recirculated Program Environmental tmpact Reporl (GPU EIR)(SCH No. 2015121019) was prepared to provide an evaluation of potential site-specific environmental effects that could result from the proposed Prolect, compared those effects to what uzas dlsc/osed by the GPIJ EIR and concluded that the significant effects that would result from the Project have been addressed in the earlier cerlified GPU ElR. The lnitial Study/Addendum constitutes Addendum # 2 to the General Plan Update Recirculated Program Environmental lmpact Report (SCH No. 201 51 21 01 9). SECTION 3. The Planning Commission has considered the proposed Pre- Annexation Zone Change No. 2014-02 and based upon the evidence presented PLANNING COMMISSION RESOLUTION NO. 2016-25 PAGE 4 OF 5 recommends to the City Council approval of the proposed Pre-Annexation Zone Change No. 2014-02 and amendment to the Zoning Map to conform to the proposed Pre- Annexation Zone Change No. 2014-02 by adopting the proposed pre-zoning map attached to this Resolution as Exhibit "A". SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 1Sth day of March 2016,by the following vote. n City of Lake Elsinore Planning Commission )" PLANNING COMMISSION RESOLUTION NO. 2016-25 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-25 as adopted by the Planning commission of the city of Lake Elsinore at a regular meeting held on the 15th day of March 2016, and that the same was adopted by the following vote: AYES: CHAIRMAN JORDAN, COMMISSIONER GRAY, COMMTSSTONER RAy NOES: NONE ABSTAIN: NONE ABSENT: VICE CHAIR ARMIT